Key Facts and Data Points
- Incidence: NCRB recorded 207 acid attacks in 2023, up from 202 in 2022 and 176 in 2021. Attempted attacks numbered 65 in 2023.
- Under‑reporting: Independent estimates (ASTI) suggest ~1,000 attacks annually.
- Geographical hotspots: West Bengal, Uttar Pradesh and Gujarat report the highest numbers, linked to easy acid availability in industrial zones.
- Conviction statistics (2023): Out of 703 pending cases, only 16 convictions and 27 acquittals were recorded.
- Legal provisions:
- Section 124, Bharatiya Nyaya Sanhita (2023) – minimum 10 years’ imprisonment, up to life, plus fine for medical expenses.
- Attempted attacks – 5 to 7 years’ imprisonment.
- NALSA (Legal Services to Victims of Acid Attacks) Scheme, 2016 – priority legal aid and counselling.
- Model Poisons Possession and Sale Rules, 2013 – mandatory ID proof for buyers, purchase registers for sellers.
- Supreme Court directions:
- Laxmi v. Union of India (2013) – minimum compensation of Rs 3 lakh (Rs 1 lakh within 15 days).
- Parivartan Kendra v. Union of India (2015) – enforcement of acid‑sale regulations.
Background and Context
- Definition: An acid attack involves the deliberate throwing of corrosive substances (e.g., sulphuric, hydrochloric, nitric acid) to cause severe burns, disfigurement, blindness and long‑term disability.
- Gendered nature: Approximately 75 % of victims are women and girls, while perpetrators are overwhelmingly male, often motivated by personal relationship conflicts, dowry disputes, or domestic abuse.
- Historical legal response: Prior to the Bharatiya Nyaya Sanhita, acid attacks were prosecuted under general injury provisions, leading to inconsistent sentencing.
- Policy milestones:
- 2009 Law Commission Report 226 – recommended distinct penal provisions and rehabilitation support.
- 2013 Supreme Court order – regulated over‑the‑counter sale of acid.
- 2016 NALSA Scheme – institutionalised legal aid for survivors.
Significance for India / Governance / Policy
- Public health & social welfare: Survivors require lifelong medical care, psychological counselling and livelihood support, impacting health budgets and social security schemes.
- Criminal justice reforms: Low conviction rates expose systemic weaknesses – delayed FIRs, poor forensic handling, judicial backlog and victim‑blaming.
- Regulatory enforcement: Acid sale controls fall under the State List (Poison Act, 1919) but are unevenly implemented, highlighting federal‑state coordination challenges.
- International comparison: Bangladesh’s strict enforcement (shop closures within 30 days, public awareness) reduced cases from 494 (2002) to 13 (2024), offering a model for India.
Related Constitutional / Legal Provisions
- Article 21 (Right to Life & Personal Liberty) – courts have interpreted it to include the right to live with dignity, encompassing protection from acid attacks.
- Article 14 (Equality before law) – mandates non‑discriminatory protection for women.
- Legal Services Authorities Act, 1987 – empowers NALSA to provide free legal aid.
- Rights of Persons with Disabilities Act, 2016 – needs amendment to accommodate functional impairments caused by acid burns beyond the 40 % disability threshold.
Recommendations for Effective Prevention & Survivor Support
- Stricter regulation of acid sale – enforce mandatory ID verification, real‑time digital registers, and penalise non‑compliance of shop owners.
- Fast‑track courts – dedicated benches for acid‑attack cases with time‑bound trial completion.
- Judicial sensitisation – gender‑sensitive training for judges, prosecutors and police.
- Comprehensive survivor fund – national fund (as per Justice JS Verma Committee) for medical, rehabilitation, education and livelihood assistance.
- Revised compensation mechanism – immediate disbursement of a portion of compensation for emergency treatment, followed by structured instalments for long‑term care.
- Public awareness campaigns – media drives to de‑stigma survivors and educate citizens on legal repercussions of acid violence.
Drishti Mains Question: Despite stringent laws, acid attacks continue in India. Examine the institutional and judicial factors responsible for low conviction rates.